Georgia: Filing a Partition Action to Force Sale of a Co-owned House

Detailed answer — How partition actions work in Georgia

If you and your sister legally co-own a home in Georgia and she refuses to sign a deed or otherwise agree to sell, one common remedy is a court-ordered partition. A partition action asks the court to divide ownership or to sell the property and divide the proceeds. In Georgia, a co-owner (tenant in common or joint tenant, depending on title) may file a partition action in the county where the property is located. See the Georgia statutes governing partition actions (O.C.G.A. chapter on partition): O.C.G.A. § 44-6-160.

Who may file?

Any person with a legal interest in the property (a recorded owner) can file for partition. That includes co-owners listed on the deed. If you are listed as an owner, you can start the case.

Types of partition

• Partition in kind: The court divides the physical property so each owner receives a separate portion (rare for single-family homes unless the lot can be split practically).
• Partition by sale: The court orders a sale (usually at public auction or by a court-appointed commissioner) and divides the net proceeds according to ownership shares. Courts commonly order sale when physical division is impractical or would harm value.

Typical step-by-step process

1. Try a pre-suit resolution: Try negotiation, mediation, or a buyout demand. Courts often expect you to attempt settlement first.
2. Prepare the complaint: The complaint for partition identifies the property (legal description), lists all owners and known lienholders, states each owner’s share, and requests partition (sale) and distribution of proceeds.
3. File in Superior Court: Partition actions are generally filed in the Superior Court of the county where the land lies — see the Georgia courts site for court information: Georgia Superior Courts.
4. Service of process: All co-owners and lienholders must be served with the complaint. Proper service is required for the court to acquire authority over the parties and their interests.
5. Temporary relief (optional): You can ask the court for interim possession, rent collection, or appointment of a receiver if the property is being wasted or rents must be collected.
6. Discovery and motion practice: The parties may exchange documents (deeds, mortgage statements, evidence of contributions) and litigate issues such as claims for contribution, reimbursement for improvements, or liens.
7. Hearing and order: If the court finds partition in kind impractical, it will order a sale and appoint a commissioner or direct the method of sale. The order will direct how sale proceeds are to be distributed and how costs are paid.
8. Sale and distribution: The property is sold (often at auction or by private sale under court supervision). Net proceeds are distributed according to the court’s order, typically in proportion to ownership shares after paying liens, mortgages, costs of sale, and court costs.

Practical and legal considerations

• Ownership shares: Proceeds are usually divided according to each owner’s legal interest (what the deed states). If one owner contributed more for improvements or mortgage payments, they may raise claims for reimbursement — you will need evidence (bank records, canceled checks, invoices).
• Mortgages and liens: A partition sale typically occurs subject to existing mortgages and liens. If a mortgage exists, the lender’s lien must be satisfied from sale proceeds or the buyer takes subject to the mortgage depending on the sale type.
• Costs and timing: Partition cases can take several months or longer depending on court schedules, disputes, and whether a sale is contested. Expect filing fees, possible appraisal fees, commissioner fees, and attorney fees (attorney fees are not automatically awarded unless a statute or contract allows recovery).
• Right to buy: A co-owner can usually bid at the court-ordered sale and possibly purchase the property if they can outbid others or the highest bidder.
• Effect on possession: The court can award possession to a particular owner temporarily, but a final sale will extinguish the co-owners’ rights in the property in favor of the purchaser.

Where to file and which court handles this?

Partition suits in Georgia are typically filed in the county’s Superior Court where the real property is located. See Georgia Superior Courts for local court contacts and clerk information.

Relevant statutes and resources

Partition actions are governed by the Georgia statutes on partition (see O.C.G.A. chapter on partition). A commonly referenced provision is O.C.G.A. § 44-6-160 which addresses filing a petition and the court’s powers in partition matters: O.C.G.A. § 44-6-160. For procedural rules, check the local Superior Court rules and the Georgia Civil Practice Act for service and pleading requirements.

When it may not be right

If you are trying to keep the family home or want to avoid costs and a forced sale, consider negotiating a buyout, refinancing to pay out the other owner, or mediation. If one co-owner has a superior equitable claim (for example, a contract or estoppel), that will affect distribution and could complicate partition.

Helpful hints — actions to take now

• Collect key documents: deed, mortgage(s), HOA documents, property tax statements, insurance policy, proof of payments (mortgage, taxes, utilities), and any written communications with your sister discussing sale or ownership.
• Get a current market appraisal or broker’s price opinion to understand value.
• Try mediation or a written buyout offer before filing; a documented attempt to settle can help later.
• File in the Superior Court where the property is located; contact the clerk for local filing fees and required forms. See Georgia Superior Courts.
• Record a notice of pendency (lis pendens) after filing to protect your interest while the suit is pending (ask your attorney about the procedure and timing for recording a notice).
• Keep receipts and records of money you spent for the property — courts consider contributions and improvements in dividing net proceeds.
• Expect the process to take time and cost money; get a cost estimate from a local attorney so you can weigh settlement vs. litigation.
• Consult a Georgia-licensed real estate or litigation attorney early. They can prepare the complaint, ensure proper service, advise on liens and taxes, and represent you at hearing and sale.